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Three men linked to Hells Angels convicted of manslaughter in Kelowna beating death (with video)

Crown prosecutor Joe Bellows comments on the conviction of Matthew, McRae, Daniel McRae and Anson Schell, who were found guilty for their role in the brutal attack that left Dain Phillips dead in June 2011. A fourth accused, Robert Cocks, was acquitted.

VANCOUVER -- Applause and cheers broke out in B.C. Supreme Court Friday when three Hells Angels associates were convicted of manslaughter in the vicious fatal beating of a Kelowna dad.

Justice Mark McEwan found brothers Matthew and Daniel McRae, as well as their pal Anson Schell, guilty for their roles in the brutal attack that left Dain Phillips dead in June 2011.

McEwan acquitted a fourth accused, Robert Cocks, saying that while he was present at the scene when Phillips was attacked, the evidence about his role in the beating was inconclusive.

McEwan described how "a seemingly trivial and childish feud" between the McRae brothers and Phillips' sons Kody and Kaylin escalated to the point where the former semi-pro hockey player was beaten with a hammer and bat on a Kelowna roadside.

He said the ongoing tensions were particularly great between Daniel McRae and Kody Phillips, resulting in a series of incidents in May and early June 2011.

Dain Phillips was hoping to make peace with the McRaes and their full-patch Hells Angels friend Norman Cocks, who lived with his dad Robert and fellow Angel Rob Thomas.

When Phillips and his sons arrived at a meeting on the outskirts of Kelowna on June 12, 2011, Norman Cocks and Thomas beat him with weapons despite him holding his hands over his head in surrender.

Both Cocks and Thomas earlier pleaded guilty to manslaughter for inflicting the fatal blows and were sentenced to 15 years in jail — the first time in B.C. that members of the notorious gang have been convicted of killing someone.

Gang squad officers and extra sheriffs were on hand at the Vancouver Law Courts for the verdict Friday.

There was tension in the courtroom as supporters and relatives of Phillips packed two rows of courtroom 55, a short distance away from relatives of the accused.

When the applause began after the first guilty verdict against Daniel McRae was read by McEwan, the judge had to caution the public gallery to "knock it off."

After court, Phillips' wife Jeannie said to The Vancouver Sun in a statement:

"We are very happy with the outcome and are looking forward to putting this behind us. We would like to commend the Kelowna RCMP and the Crown counsel team for all their hard work and doing such an excellent job on a difficult case."

The McRae brothers and Schell will remain on bail until sentencing Sept. 22.

Outside court, Schell refused to comment on the verdict or on whether he had anything to say to the Phillips family.

Robert Cocks's lawyer Mitch Foster said his client was happy with the acquittal.

"I think it was the right result. The evidence was quite clear that he really had no involvement. He has been under this for a long time and it's over for him now. He's very happy," Foster said.

Minutes later, Cocks himself emerged from the courthouse and lashed out at reporters who he said had written lies about him.

Crown prosecutor Joe Bellows said outside that McEwan clearly "convicted the three accused as parties to the offence though there was some evidence of their direct participation in the beating of Mr. Phillips."

"I think manslaughter was probably the correct way to proceed and a correct conviction. It's of small solace to the family, but I think his lordship gave a thorough judgment in the matter. I think it's a reasonable result," Bellows said.

In the 60-page ruling, McEwan found that Daniel McRae used his cosy relationship with Norman Cocks to handle McRae's problem with the Phillips brothers.

"It was a close friendship of mutual interests," he said. "Mr. Cocks' affiliation with the Hells Angels was well-known."

When McRae told Cocks that Kody Phillips had been suggesting to others that he had his own HA link, "the Hells Angels would feel obliged to deal with anyone doing what Kody Phillips was doing," McEwan noted.

"Daniel McRae must have known the view that Mr. Cocks would take of such behaviour."

Even though McRae may not have intended Dain Phillips to die, he put the wheels in motion for the fatal encounter and gathered the participants, McEwan said.

"They gathered and prepared with a common unlawful objective," McEwan said.

"Daniel McRae clearly knew an offence was intended, that is, he understood what was taking place, and had a great deal to do with ensuring it happened," McEwan said. "His attendance at the scene was an act of assistance and encouragement."

McEwan also accepted that "Matthew McRae knew what they were dealing with in aligning with the Hells Angels to assault the Phillipses" and was also guilty of manslaughter.

He said Schell "was present when preparations were being made. He participated at the scene to the extent of getting out of the truck and moving toward the scene."

Schell was also captured on wiretap after the slaying, talking about "Dain Phillips taking a dirt nap," McEwan said.

Also on the wire, Schell "describes the beating using bats and observing Matthew McRae going for the pipes."

McEwan said that while Robert Cocks had a close association with the Hells Angels, there is no evidence he was part of the plan to deal with Dain Phillips and his sons. Nor was there reliable evidence that the elder Cocks took part in the beating despite being at the scene, McEwan said.

"The reliable evidence is quite inconclusive as to whether he made any move toward the scene of the beating or whether he effectively stayed back," he said.

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